Bulletin: Personal Injury - Summer 2012

03 July 2012

The latest Personal Injury Bulletin is available for download by following this link.

In this bulletin, to which our pupils have also contributed:

  • Katherine Deal reviews the law on limitation (both date of knowledge and the discretionary extension of time) following the Atomic Veterans case [2012] UKSC 9, in which James Dingemans QC represented the veterans.
  • We consider the difficult question of local authority liability for out-sourced services in the light of the Court of Appeal’s majority decision in Woodland v Essex County Council & Others [2012] EWCA Civ 239.
  • We discuss Charnock v Rowan [2012] EWCA Civ 2, in which the admissibility of hearsay evidence contained in medical reports included in an agreed trial bundle was considered.
  • Asela Wijeyaratne looks at Durham v BAI (run Off) Ltd [2012] UKSC 14, in which EL policies were held to respond when the employee had been exposed to asbestos during the policy period, even if mesothelioma did not develop during the relevant period; and it was further held that proof of exposure during the relevant period (not actual causation) sufficed
  • Richard Campbell (Pupil) reflects on the Seventh Edition of the Ogden Tables, Helmot v Simon [2012] UKPC 5 (in which James Dingemans QC appeared for the successful Respondent) and the courts’ approach to contingencies other than mortality.
  • Joseph England (Pupil) considers the practical advice given by the Court of Appeal in Ievers v Prebble [2010] EWCA Civ 1615, in relation to the use of internet sourced aerial photographs in road traffic accident cases.

Editor: Howard Stevens QC

We hope that you find this bulletin both interesting and informative.

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